Entrepreneur Alert: Turkey’s Rule of Law Slipping

Pinar Tremblay writes:  The World Justice Project’s Rule of Law Index for 2015 reported on June 3 that Turkey has fallen 21 places. In its 2014 report, Turkey had ranked 59th among 99 countries. In 2015, it was ranked 80th among 102 countries. The study came out just a few days before the June 7 elections, and when only a handful of opposition media outlets published the news in Turkish, it caused no uproar.

But the findings of this comprehensive study are crucial:

Turkey worsened in 2014 and again in 2015. The World Justice Project explains its four principles, nine factors and 47 subfactors in gauging the rule of law. All countries are measured individually and then grouped into regions. Turkey is situated in the Eastern European and Central Asian countries. Out of 13 countries in its region, Turkey ranked sixth in 2014, and fell to 12th place in 2015.

Focusing on the data from Turkey, since 2012 the project has observed Turkey doing relatively well in regulatory enforcement and its civil justice system. However, its performance has been struggling on fundamental rights and government accountability. In 2015, Turkey ranked at the bottom, 13th, in its region and 96th among 102 countries in the fundamental rights category

Turkey has deficiencies in the functioning of the auditing system and political interference within the legislature and the judiciary have been reported as the major failures. Nongovernmental oversight by the media or civil society also regressed significantly in 2015.

.Though Turkey was rocked by corruption scandals in 2014, it still fares best in the main category, “absence of corruption.”  Lawyers in particular complained that Turkey has a high rate of arrest and trial, but a rather low rate of prosecution because suspects can be arrested and sent to court without adequate evidence. The number of politically charged cases has increased tremendously since the battle to cleanse the bureaucracy of Gulen movement members. There are lists, rumors of lists and more lists coming through, alleging certain people are members of the movement and should be charged.

Metin Feyzioglu, chairman of the Turkish Bar Association said  the major problem is the arbitrary enforcement of the law.  Turkish researchers and scholars have also found similar matters — interference by the government into the judiciary and a lack of independent auditing — to be sore spots in Turkish legal system.  The long suspected truth is that 12 years of AKP rule have not been such a success after all. For example, the UNDP Human Development Report indicates that even during the 1990s, a notorious decade for Turkey, saw higher development rates than the AKP era.

An entpreneur has to ask: is this a good country to do business in?

Corruption in Turkey?

 

Regulating Wall Street?

Erica Orden writes:  The search to replace New York’s former top financial regulator,Benjamin Lawsky, has attracted the involvement of one of the banking industry’s harshest critics: U.S. Senator Elizabeth Warren (D., Mass.).

In recent weeks, Ms. Warren has placed calls to top staffers for New York Gov. Andrew Cuomo and others assigned to identify a successor to Mr. Lawsky, according to a person with direct knowledge of the search process. Ms. Warren’s advice: Tap Rohit Chopra, the student loan ombudsman and assistant director of the Consumer Financial Protection Bureau, which she helped start up and initially ran.

On Wednesday, the CFPB said Mr. Chopra would be leaving the bureau next week. Neither the bureau, nor Mr. Chopra, in a letter to the Treasury secretary, said what he planned to do next.

A spokeswoman for Ms. Warren didn’t comment on whether the senator has placed calls to the Cuomo administration or others on Mr. Chopra’s behalf, but pointed to a Facebook post from June 1 in which Ms. Warren endorsed the notion of Mr. Chopra succeeding Mr. Lawsky.

“He is smart as a whip, independent, hard-working, and loaded with integrity,” Ms. Warren wrote. “The New York banking superintendent is an important overseer of Wall Street, and I think Rohit would be phenomenal in that role.”

Cuomo and Wall Street

Warren v Dimon: Warren Wins Hands Down

Charles Gasparino writes:  The problem isn’t Dimon’s mansplaining. It’s that Warren is telling a truth no one else will tell: Big banks aren’t free-market at all.

Warren says these big bank institutions should be broken up by the government out of fear that the system could implode as it did in 2008.

Dimon says the good senator should stick to making sure the Community Redevelopment Act is enforced and other pet lefty projects because she doesn’t “fully [understand] the global banking system.”

For once we have a leader in Washington, namely Warren, telling us what most of the political class and the bankers won’t: The banks are not free-market at all. They are big, government-protected entities that will be bailed out the next time a 2008 scenario comes around.

And the best way to make sure they don’t end up costing the taxpayers more money will be to make them smaller, which is about as close to a free-market statement as you might find on this subject, courtesy of Sen. Warren.

The dirty secret in Washington and Wall Street that Warren is exposing is that banks like JP Morgan, Citi, and B of A will always be on the government’s protected-species list because of a little thing known as deposit insurance, which covers bank deposits up to $250,000.

These banks just don’t take in deposits and lend them out so people can buy homes and so on anymore. Thanks in large part to Hillary Clinton’s husband, banks combine these commercial banking activities with Wall Street risk-taking.

Meanwhile, JP Morgan has a whopping $1.4 trillion in deposits. A massive screwup on its trading desk or some 2008-like event that leads to insolvency could mean the taxpayer is on the hook for a chunk of that money—a number, I might add, that could dwarf the $800 billion stimulus package President Obama  blew through during the Great Recession.

What free-marketer would allow the American taxpayer to subsidize Jamie Dimon’s risk-taking?

Again, the Dodd-Frank Act was supposed to get rid of Too Big to Fail, but the reality that Warren is at least honest about is that it hasn’t:

What’s great about the Warren vs. Dimon feud is that it both exposes Wall Street’s real crony capitalism roots and the hypocrisy of Hillary Clinton remaking herself in the Elizabeth Warren class-warrior mode. Yes it was Bill Clinton who enacted one of the least thought-out banking laws back in 1999 that made it legal to combine commercial-banking activities with Wall Street-style risk-taking.

The result of what was known as the Gramm-Leach-Bliley Financial Services Modernization Act was the permanent dismantling of the Glass-Steagall Act, which made it illegal to mix bond trading with deposit-taking.

The law paved the way for the creation of the financial supermarket known as Citigroup, which would go on to hire Clinton Treasury Secretary Robert Rubin as one of its top executives and board members. Hillary Clinton has collected hundreds of thousands of dollars in speaking fees from bankers.

She won’t of course, but Warren should be given credit for explaining just how protected and coddled banks still are in many ways, thanks to the Clintons and their unholy alliance with Wall Street. Dimon’s comments about Warren are shocking only because they were made honestly and publicly.

Why should taxpayers subsidize his paycheck, which goes up with every successful trade? My advice: If Jamie Dimon wants to roll the dice in the derivatives markets, he should first be forced to give up his access to FDIC insurance on JP Morgan’s deposits.

I’m pretty sure Adam Smith and Elizabeth Warren would agree.

Warren v Dimon

Alert: Samsung Shareholders?

Ever active Matt Levine writes about shareholder activism:  Some people believe that American shareholder democracy has gone too far and that activists are a pernicious force in capital markets, but from my very outside perspective it does look like South Korean shareholder democracy maybe doesn’t go far enough and could use some activists? I am not alone in this; here is one investor’s reaction to Elliott Associates’ fight at Samsung C&T Corp.:

“Elliott is standing up for what other investors are feeling and thinking,” said Sachin Shah, a special situations and merger-arbitrage strategist at New York-based Albert Fried & Co. “It’s a rallying cry for shareholders who were waiting for this.”

Elliott is fighting Samsung C&T’s proposed merger with Cheil Industries, the “de-facto holding company of the Samsung Group conglomerate.” Elliott argues that the merger is underpriced, and the market seems to agree; the shares are now 17 percent above Cheil’s offer because of Elliott’s involvement. Meanwhile Samsung C&T is fighting back by “selling a 5.8% stake in itself to KCC Corp., a Korean construction company with a vested interest in making the deal go through,” thus “effectively adding new votes in favor of the deal,” and it “is straightforward in saying the purpose of the deal is ‘promotion of merger resolution.'” Elliott plans to sue to stop this, and I have to say that if it was suing in Delaware I’d like its chances.

by Claudio Munoz

by Claudio Munoz

HSBC Shrink and Pivot East?

HSBC began in Hong Kong during the colonial period.  Pummelled by regulators in the UK where its headquarters are now located and looking at drramatic rises in GNP in Asia, HSBC is contemplating a move back to its roots in Hong Kong.

Deutsche Some and  other big banks having probelm in thier home countries are looking to retrench.  Few have HSBC’s history.

With the exception of CItibank in the US, most of the big banks weathered the most recent financial crisis well.  Part of this came from their presence across the globe.

Where bigs will operate and how big they will be are questions on the table now.

HSBC Pivot?

 

Illicit Money Outflows and Poverty?

This June 2015 report, the latest in a series by Global Financial Integrity (GFI), highlights the outsized impact that illicit financial flows have on the world’s poorest economies.  The study looks at illicit financial flows from some of the world’s poorest nations and compares those values to some traditional indicators of development—including GDP, total trade, foreign direct investment, public expenditures on education and health services, and total tax revenue, among others—over the period 2008–2012.

The report also produces several scatter plots in which illicit flows values for all developing and emerging market nations are compared to key trade indicators and various development indices, such as human development, inequality, and poverty, to determine if correlations exist between the two.  Illicit-Financial-Flows-and-Development-Indices-2008-2012

Chart-IFFs-to-Inequality-10-Percent-Wide-Scatter-717x359

Chart-IFFs-to-Poverty-USD125-Wide-Scatter-717x359Bundled-Data-Tables-Charts-IFFs-and-Development-Indices-2008-2012

Influence of “Never-Ran” Warren

“Never-ran” Warren is fiery and fierce. She made her name nationally through her dogged and fearless attacks on big banks and financial institutions. Outside of the presidential campaign, the Senator can keep that role — the symbolic embodiment of economic populism — and continue to target the financial elite who perpetuate dangerous and abusive inequality. From her pulpit as America’s most popular populist, Warren can hold candidates from both parties accountable.

As a “never-ran,” Warren can speak about the issues she cares about, without worrying about how she’s polling against her opponents. Just recently, she spoke out against the President on his big trade bill, and questioned Hillary’s coziness with Wall Street. That’s not to suggest that Warren, like any politician, ignores polling. But, intensity and impact of such calculations is ratcheted up when you’re actually running for office. If Warren isn’t a presidential candidate, she can be a conscience for all those who are.

Warren can also focus on the Republican coterie — by keeping issues in the debate so they’ll have to address them. At a time when our economy is recovering and corporate profits and elite incomes are growing faster than ever, wages for ordinary Americans are stagnant or declining. This is a real crisis that transcends political parties, and yet the simple fact is that only one party, the Democrats, is really talking about it.

Ordinary conservative voters are concerned about inequality, especially when it comes to their own bank balances and their children’s futures. (Remember, the Tea Party originally rose up in response to government bailouts of big banks, a populist grumbling if ever there was one.) But, mainstream Republican candidates for president aren’t likely to talk about inequality and economic populism. They need pressure, and as a “never ran,” Elizabeth Warren can provide it. As long as she’s out there speaking loudly about inequality, the issue will stay in the national debate — and any serious candidate will be forced to comment.

When Warren said she wasn’t running, she meant it. (Unlike just about everyone else, for whom saying “I’ll never run” is virtually the same as declaring.) Rather, the “Run Warren Run” campaign reflected a true grassroots groundswell of progressive and independent voters inspired by Warren’s populist ideals and tenacity.

In a political system that feels increasingly theatrical — an uneventful show paid for and put on to preserve the power of the monied elites — Elizabeth Warren feels like a breath of fresh air, a fed-up and fired-up truth-teller who seems to be channeling the hearts and minds of average voters from across the political spectrum. As such, Warren is almost too good for politics — and definitely too good for the race for president. That’s why we’re so looking forward to her not running.

Never Ran Warren

Leveling the Playing Field in Soccer

The U.S. investigation of corruption in soccer’s governing body is moving to a new phase that will bring criminal charges against more people.

How the case develops hinges in part on the fate of nine FIFA officials and five sports marketing executives charged in a racketeering and bribery indictment unsealed May 27, said Richard Weber, chief of the IRS Criminal Investigation Division. The prosecution, which has garnered worldwide attention, came two days before FIFA re-elected its embattled president, Sepp Blatter, 79, for another four-year term

The IRS joined the Federal Bureau of Investigation and U.S. prosecutors in Brooklyn, New York, in building a case alleging sports-marketing executives paid more than $150 million in bribes and kickbacks over 24 years for media and marketing rights to soccer tournaments.

Prosecutors charged Jeffrey Webb and Jack Warner, the current and former presidents of soccer’s governing body for North America, Central America and the Caribbean, or Concacaf. They secured guilty pleas from Charles Blazer, 70, the group’s former general secretary; Jose Hawilla, a Brazilian sports marketing executive, who agreed to forfeit $151 million; and Warner’s two sons, Daryll and Daryan.

Blazer admitted he participated in several bribery schemes involving soccer tournaments, including the World Cups in 1998 and 2010, according to court records. He took a $750,000 cut of a $10 million bribe to support South Africa’s host bid for the 2010 World Cup, according to the criminal charges he admitted.

The IRS entered the case in 2011 when a Los Angeles-based agent, Steven Berryman, began a tax investigation of Blazer, Weber said. Blazer lived in a Trump Tower apartment, flew on private jets, dined at the world’s finest restaurants and hobnobbed with celebrities and world leaders.

His blog, “Travels with Chuck Blazer and his Friends,” featured pictures of Blazer with Hillary Clinton, Nelson Mandela and Prince William, among others. Blazer, now fighting cancer, drew the IRS into FIFA, Weber said. In late 2011, the IRS joined the FBI, which was separately probing FIFA.

Weber said that investigators traced financial records from 33 nations and obtained most of them through treaty requests.

HSBC, Barclays, Standard Chartered are studying transactions to ensure proper procedures took place.

“When you’re talking about a $150 million-plus racketeering and money-laundering case, where you have to trace the bribe and kickback case through multiple accounts and intermediaries and offshore corporations and official ownership, it’s a maze of documents and a significant jigsaw puzzle that has to be put together,” Weber said.

“When you’re dealing with so many countries and so many different players, it is reasonable to spend a few years on a case like this,” he said.

The case is U.S. v. Webb, 15-cr-00252, U.S. District Court, Eastern District of New York (Brooklyn).
FIFA Indictments

FIFA, Ethics and the Almighty Buck

The Rocky Road to Globalization

Lucy P. Marcus writes:  The arrest of FIFA executives on a raft of fraud and corruption charges has been front-page news in recent days. But the charges brought by the Swiss and American authorities focus on bribery and embezzlement, and do not address another egregious injustice: the treatment of the migrant workers in Qatar who are building the stadiums for the 2022 FIFA Football World Cup.

Amnesty International recently released a report on the abysmal conditions in Qatar. The workers are subject to unsafe construction sites, exploitative recruitment agencies, and little recourse to formal justice. Recently, Nepal’s labor minister publicly spoke out about the government of Qatar not allowing his country’s migrant workers to return home to mourn relatives who died in the April 2015 earthquake.

Beyond these examples, there have been many others. In technology, Apple and Foxconn have faced criticism for working conditions at their Chinese production sites. Even educational institutions, such as New York University’s new campus in Abu Dhabi, have been tainted by episodes of workplace exploitation and abuse.

The larger and more complex the company, the harder it is to track all of the firms with which it does business, the firms that they then subcontract to, and so on. Companies, not surprisingly, say that their responsibility extends only so far. But that is not an answer; it is a choice. Organizations can decide to extend their reach. They can even decide that they want to know the full provenance of all materials and components in their products, and that they will hold their extended suppliers to account.

In this sense, the larger the company, the greater its responsibility. But larger companies also have a larger ability to become a force for good, both locally and globally. If a company the size of US retailer Walmart decides that it will not allow wasteful packaging, its purchasing power will lead to changes in packaging for the entire retail sector. The same is true of wages and labor practices.

When sponsors like Coca-Cola or Adidas believe that their reputations will be tarnished by association with an organization engaged in corrupt practices like FIFA, they will take their brand-management dollars elsewhere.

Companies are made up of people. Paying fair wages, adopting ethical sourcing practices, and upholding the dignity of workers should be a part of the way they calculate their success. Those who disconnect themselves from the fate of others, who act without conscience or a sense of right and wrong, and who spurn ordinary human decency have no place running organizations or sitting on company boards. The things that make us happy must not come at an unforgivably high price.

FIFA Indictments

Can The US Fed Supervise Too Big To Fail?

New York Federal Reserve comments   The Federal Reserve is responsible for the prudential supervision of bank holding companies (BHCs) on a consolidated basis, as well as of certain other financial institutions operating in the United States. Prudential supervision involves monitoring and oversight of these firms to assess whether they are in compliance with law and regulation and whether they are engaged in unsafe or unsound practices, as well as ensuring that firms are taking corrective actions to address such practices

Prudential supervision is inter-linked with, but distinct from, regulation of these firms, which involves the development and promulgation of the rules under which BHCs and other regulated financial intermediaries operate. The distinction between supervision and regulation is sometimes blurred in the discussion by academics, researchers and analysts who write about the banking industry, and the terms “supervision” and “regulation” are often used somewhat interchangeably. Moreover, while prudential supervision is a central responsibility of the Federal Reserve and consequently accounts for substantial resources, the responsibilities, powers and day-to-day activities of Federal Reserve supervision staff are often not very transparent to those outside of the supervision areas of the Federeal Reserve System.

The primary focus of this discussion is on the supervision of large, complex bank holding companies and of the largest foreign banking organizations (FBOs) and non-bank financial companies designated by the Financial Stability Oversight Council (FSOC) for supervision by the Federal Reserve. The paper focuses on oversight of these firms because they are the most systemically important banking and financial companies and thus prudential supervision of them is especially consequential. Given their size and complexity, the approach to supervision of these companies also differs from that taken for smaller and less complex firms. It is important to note that supervision of these large, complex firms is conducted through a comprehensive System-wide program governing supervisory policies, activities and outcomes.The discussion in this paper focuses solely on supervisory staff located at the Federal Reserve Bank of New York, whose activities are carried out as part of this broader program.  Supervising Too Big to Fail

Too Big to Jail